MacColloch v Accident Compensation Corporation
By consent the court allowed the appeal, quashed the Review Decision dated 13 October 2006, found that the appellant suffered birth asphyxia leading to hypoxic ischaemic encephalopathy and cerebral palsy caused by medical error during delivery on 22 March 2002, and declared entitlement to ACC cover for medical...
Source-derived case information.
- Citation
- [2009] NZACC 64
- Parties
- Appellant: Karen and Roger Maccolloch (parents of Megan Maccolloch); Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 April 2009
- Procedural Posture
- Appeal Under the Injury Prevention, Rehabilitation, and Compensation Act 2001 (s 149) / Final Decision on Appeal (district Court)
- Outcome
- Appeal allowed; Review Decision quashed; entitlement to cover for medical misadventure granted; no issue as to costs between appellant and respondent.
- Legal Topics
- Medical Misadventure, Birth Asphyxia, Hypoxic Ischaemic Encephalopathy, Cerebral Palsy, Appeal, Review Decision Quashed
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Karen and Roger Maccolloch (parents of Megan Maccolloch)
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under the Injury Prevention, Rehabilitation, and Compensation Act 2001 (s 149) / Final Decision on Appeal (district Court)
Legal Issues
- 1 Whether the appellant is entitled to cover for medical misadventure under the Act
- 2 Whether birth asphyxia leading to hypoxic ischaemic encephalopathy and cerebral palsy resulted from medical error during delivery on 22 March 2002
- 3 Whether the Review Decision dated 13 October 2006 should be quashed
Ratio Decidendi
By consent the court allowed the appeal, quashed the Review Decision dated 13 October 2006, found that the appellant suffered birth asphyxia leading to hypoxic ischaemic encephalopathy and cerebral palsy caused by medical error during delivery on 22 March 2002, and declared entitlement to ACC cover for medical misadventure.
Court Disposition
Appeal allowed; Review Decision quashed; entitlement to cover for medical misadventure granted; no issue as to costs between appellant and respondent.
Orders
- The appeal is allowed.
- The Review Decision dated 13 October 2006 is quashed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT AUCKLAND Decision No. 64 /2009 UNDER The Injury Prevention, Rehabilitation, and Compensation Act 2001 IN THE MATTER of an appeal pursuant to section 149 of the Act BETWEEN KAREN AND ROGER MACCOLLOCH the parents of MEGAN MACCOLLOCH Appellant (AI No. 423/06) AND ACCIDENT COMPENSATION CORPORATION Respondent DECISION OF JUDGE J CADENHEAD [1] Counsel for the appellant and the respondent seek the following orders by consent. The interested third party, the midwife, has advised through her representative that she does not wish to take any further part in this appeal and will abide the Court's decision. I accordingly make the following orders The appeal is allowed. (ii) The Review Decision dated 13 October 2006 is quashed. (ifi) The appellant is entitled to cover for medical misadventure. (iv) The appellant has suffered birth asphyxia (leading to hypoxic ischaemic encephalopathy and cerebral palsy) as a result of medical error arising from treatment received during the delivery of the appellant on 22 March 2002. (v) There is no issue as to costs between the appellant and the respondent. DATED this 23" day of April 2009 J Cadenhead District Court Judge I:JUDICIAL\CADENHI\ACC /423/06 M Mccolloch